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Elements and Performance Criteria

  1. Prepare for search and seizure
  2. Implement search
  3. Conduct seizure
  4. Complete post-search activities
  5. Debrief search and seizure

Required Skills

This section describes the essential skills and knowledge and their level required for this unit

Skill requirements

Look for evidence that confirms skills in

undertaking analysis and observation

completing records using formality of language and structure

exchanging often complex oral information in a form to suit diverse audiences

responding to diversity including gender and disability

applying public sector legislation such as occupational health and safety and environmental procedures in the context of search and seizure

Knowledge requirements

Look for evidence that confirms knowledge and understanding of

enabling legislation regulations and guidelines

search procedures

organisational procedures including those dealing with physical evidence or obtaining a warrant where relevant

roles of expertother personnel

procedures for dealing with physical evidence

rules of evidence

use of equipment and resources

public sector legislation and standards

occupational health and safety and environmental considerations to ensure the safety of self and others

Evidence Required

The Evidence Guide specifies the evidence required to demonstrate achievement in the unit of competency as a whole It must be read in conjunction with the Unit descriptor Performance Criteria the Range Statement and the Assessment Guidelines for the Public Sector Training Package

Critical aspects for assessment evidence required to demonstrate competency in this unit

In addition to integrated demonstration of the elements and their related performance criteria look for evidence that confirms consistency of performance in conducting searches and seizures

This will include evidence of

conducting at least three actual or simulated searches and seizures on three separate occasions or in three different situationscontexts

adhering to legal ethical and organisational requirements relating to search and seizure

Context of and specific resources for assessment

Assessment must ensure access to a real or simulated workplace environment that closely resembles normal work practice and replicates the range of conditions likely to be encountered while conducting searches and seizures including coping with difficulties irregularities and breakdowns in routine

Access is required to resources such as

applicable legislation policies and procedures

case studies and workplace scenarios to capture the range of requirements for situations likely to be encountered

search support resources

Method of assessment

Assessment methods suitable for valid and reliable assessment of this competency may include but are not limited to a combination of or more of

case studies

demonstration

observation

questioning

scenarios

simulation or role plays

authenticated evidence from the workplace andor training courses

Guidance information for assessment

Assessment methods should reflect workplace demands such as literacy and the needs of particular groups such as

people with disabilities

people from culturally and linguistically diverse backgrounds

Aboriginal and Torres Strait Islander people

women

young people

older people

people in rural and remote locations


Range Statement

The Range Statement provides information about the context in which the unit of competency is carried out. The variables cater for differences between States and Territories and the Commonwealth, and between organisations and workplaces. They allow for different work requirements, work practices and knowledge. The Range Statement also provides a focus for assessment. It relates to the unit as a whole. Text in bold italics in the Performance Criteria is explained here.

Purpose of the search may include:

illicit items

goods to be possessed under court order

physical evidence relating to an offence

Items may include:

personal property, furniture and electrical equipment not excluded from seizure under legislation

documents

financial information

computer equipment

vehicles

illicit items

drugs

plants

wildlife

currency

Evidence may include:

documents

information/data

paper-based or technology-based documents/information

photographs

video

dangerous goods

wildlife

prohibited substances

illicit items

any assets or property seized under State/Territory or Commonwealth laws enabling the enforcement of penalties, judgments and orders

Items/property/evidence might be obtained from:

field search - land/sea/air/waterways

premises - private, government or business

vehicles

vessels

aircraft

cargo

cargo containers

baggage - accompanied or unaccompanied

Authority to search/seize may include:

warrant already issued

no requirement for search warrant under powers of enabling legislation

affidavit

confirming the legal basis for the search and seizure

appropriate information to ground a warrant

requirement to obtain search/seizure warrant before proceeding

organisational approval/s to undertake search and seizure

completion/submission of organisational documents relating to planned search and seizure

the need for assistance from other agencies/jurisdictions

referrals to other agencies

Intention to search may be advised to:

supervisor

colleagues

person being searched

owner

occupier

operator

passengers

crew

legal representatives

other organisations or jurisdictions

Operational planning may include:

planning, with particular reference to own role in the search

authorisation

equipment

personnel

search methods

risk assessment

safety requirements

meeting legislative requirements e.g. not infringing the rights of individuals

Assistance may include:

other officers

other organisations

other jurisdictions

specialist advice

police

Legislation, regulations, policies and guidelines may include:

enabling/principal legislation

other legislation impacting on search and seizure

regulations

organisational policy and guidelines

standard operating procedures

rules of evidence

public sector standards

codes of practice

privacy legislation

rights of individuals and organisations who are subjects of the search

Thorough and systematic process means search includes:

contents

outside packages, packing and containers

consideration of methods of concealment

potential hides

consideration of contents against information/reasonable grounds that gave rise to the search

consideration of the potential for items to be used for information/intelligence

Equipment and resources may include:

search support equipment such as:

X-ray

trace particle detectors (e.g. Ionscan)

forklift scales

fibroscope

boroscope and buster

cameras

video cameras

tools

safety equipment

personal protective equipment

means to secure evidence/samples/assets seized

detector dogs

specialist staff

photographer/s

Records may include:

organisational records

receipts

notebooks

video footage

audiotapes

photographs

contemporaneous notes

Information may include:

addresses

telephone numbers

email contacts

web site addresses

record of anything observed at the scene that is not physical evidence, but may later be relevant

Dealing with items as an alternative to physical seizure may include:

labelling items for later seizure

securing items for later seizure

securing the location of items/evidence

seizing alternative items to the same value

isolating items/locations for safety reasons

changing the locks on seized premises

sign-posting seized property/vessels

Legal requirements may include:

managing chain of continuity of evidence

Securing items/evidence may include:

restricting/controlling access

security classifying information

ensuring continuity of possession of documents and other physical evidence

Safety of self may involve use of:

gas testers

personal protective equipment, such as protective suits, masks, gloves, self-contained breathing apparatus

communication devices

remote location equipment